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S7709 - Summary

S7709 - Sponsor Memo

BILL NUMBER:S7709
TITLE OF BILL:
An act
to amend the election law, in relation to canvass procedures; and to
repeal section 9-128 of the election law relating thereto
PURPOSE:
This bill modernizes and streamlines the
procedures for the
election night canvass procedure and associated close of poll tasks.
SUMMARY OF PROVISIONS:
A new subsection is added to
section 9-102 to
modernize the canvass procedures for the City of New York allowing a
portable memory device to be used for unofficial tally.
Section 9-106 is amended to allow the ballot scanner's close the polls
mechanism to be initiated and results tape printed if the ballot
reconciliation process is finalized and there are no ballots in the
emergency ballot boxes.
Section 9-120 is rewritten to allow for results tapes from each ballot
scanner to be attached the return of canvass form without the numbers
from each results tape to be transcribed onto such form.

Section 9-120(3) allows boards of elections to authorize consolidated
returns of canvass in poll sites with more than one election district.
Section 9-124 provides that the portable memory device with
corresponding results tape may be transported separately from other
materials to be used to produce an unofficial tally.
A new subsection three is added to section 9-124 to mandate that the
person receiving the return of canvass in the board of elections
shall provide the name of the person accepting the delivery, the time
of delivery and the name of person making the delivery to be filed in
the office of the board of elections.
Section 9-126(2) (b) mandates that the board of elections make the
unofficial tally available to the media in a public place or on the
Internet as the results become known to it.
Section 9-126 is also amended to allow, but not require, the police in
New York City to transport the election materials to the boards of
elections.
JUSTIFICATION:
Local boards of elections are required to carry out
numerous tasks after the close of the polls to ensure the integrity of
the vote and produce an unofficial tally of the results. Under
current law, election workers administering the polls on election
night often have substantial difficulty completing these tasks in the
manner that has been deemed to be necessary in some jurisdictions.
This has been a particular problem in some poll sites in New York
City where-numerous ballot scanners may be used to read ballots of
voters from multiple election districts during the course of the day.
This bill is intended to clarify the nature of the tasks and alter the
order they need to be undertaken in order to streamline and
rationalize the procedures, while maintaining absolute integrity in
the process and the official outcome of our elections.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPACT ON THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect immediately and shall
apply to any election held on or after the seventy-fifth day after it
shall have become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
7709
I N S E N A T E
June 14, 2012
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the election law, in relation to canvass procedures; and
to repeal section 9-128 of the election law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "election
night poll site procedures act of 2012".
S 2. Section 9-100 of the election law, as amended by chapter 234 of
the laws of 1976, is amended to read as follows:
S 9-100. Canvass; required. At the close of the polls the inspectors
of election shall, in the order set forth herein, [lock the machine
against voting] CLOSE POLLS, account for the paper ballots, canvass the
machine, cast and canvass all the ballots, canvass and ascertain the
total vote and they shall not adjourn until the canvass be fully
completed.
S 3. Section 9-102 of the election law, subdivisions 1, 2, and 3 as
amended by section 3 and paragraph (a) of subdivision 2 as amended by
section 4 of chapter 163 of the laws of 2010, subdivisions 4 and 6 as
amended by chapter 9 of the laws of 1978, is amended to read as follows:
S 9-102. Canvass; general provisions for. 1. [As] EXCEPT IN THE CITY
OF NEW YORK, AS soon as the polls of the election are closed, the
inspectors of election thereat shall, in the order set forth herein;
[a.)] (A) place an inspector at the ballot scanner to prevent further
voting; [b.)] (B) reconcile the paper ballots pursuant to section 9-106
of this title; [c.)] (C) remove surplus ballots, if any, pursuant to
section 9-108 of this title; [d.)] (D) scan the ballots contained in the
emergency box or other secure storage container pursuant to section
9-110 of this title; [e.)] (E) hand count and secure ballots that cannot
be scanned pursuant to section 9-110 of this title; [f.)] (F) close the
poll, print the tabulated [result] RESULTS tape, announce the result and
sign the return of canvass pursuant to subdivisions 2 and 3 of this
section; [g.)] (G) close, lock and seal the machine; and [h.)] (H) sign
the close of poll certificate, as provided by the board of elections.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD15772-04-2
S. 7709 2
1-A. IN THE CITY OF NEW YORK, AS SOON AS THE POLLS OF THE ELECTION ARE
CLOSED, THE INSPECTORS OF ELECTION THEREAT SHALL, IN THE ORDER SET FORTH
HEREIN: (A) PLACE AN INSPECTOR AT THE BALLOT SCANNER TO PREVENT FURTHER
VOTING; (B) SCAN THE BALLOTS CONTAINED IN THE EMERGENCY BOX OR OTHER
SECURE STORAGE CONTAINER PURSUANT TO SECTION 9-110 OF THIS TITLE, UNLESS
IT IS NOT POSSIBLE TO DETERMINE WHICH SUCH BALLOTS SHOULD BE SO SCANNED
BECAUSE THE ACCOUNTING AND RECONCILIATION REQUIRED BY SECTION 9-106 OF
THIS TITLE CANNOT BE COMPLETED WITHOUT FIRST PRINTING THE RESULTS TAPE;
(C) INITIATE THE BALLOT SCANNER'S CLOSE THE POLL MECHANISM, PRINT THE
TABULATED RESULTS TAPE, AND POST THE RESULTS TAPE OR ANNOUNCE ITS
CONTENTS OR BOTH; (D) REMOVE ONE OF THE PORTABLE MEMORY DEVICES FROM THE
BALLOT SCANNER FOR THE PURPOSE OF REPORTING THE UNOFFICIAL TALLY OF
ELECTION RESULTS PURSUANT TO SECTION 9-126 OF THIS TITLE; (E) RECONCILE
THE PAPER BALLOTS PURSUANT TO SECTION 9-106 OF THIS TITLE; (F) REMOVE
SURPLUS BALLOTS, IF ANY, PURSUANT TO THIS SECTION AND SECTION 9-108 OF
THIS TITLE; (G) HAND COUNT AND SECURE BALLOTS THAT CANNOT BE SCANNED
PURSUANT TO THIS SECTION AND SECTION 9-110 OF THIS TITLE; (H) POST OR
ANNOUNCE THE RESULTS OF ANY HAND COUNTS AND SIGN THE RETURN OF CANVASS
PURSUANT TO SUBDIVISIONS TWO AND THREE OF THIS SECTION; (I) CLOSE, LOCK
AND SEAL THE MACHINE; AND (J) SIGN THE CLOSE OF POLL CERTIFICATE, AS
PROVIDED BY THE BOARD OF ELECTIONS.
2. (a) The inspectors shall canvass the [machine vote by printing the]
ballot scanner tabulated RESULTS BY PRINTING THE results tape in the
presence of the watchers and all other persons who may be lawfully with-
in the polling place, giving full view of the tabulated [result] RESULTS
tape numbers. [The chair of the board of inspectors] AN INSPECTOR shall,
under the scrutiny of an inspector of a different political party,
EITHER POST THE RESULTS TAPE OR READ AND ANNOUNCE in the order of the
offices as their titles are arranged on the tabulated [result] RESULTS
tape, [read and announce] in distinct tones the public office or party
position, candidate name, political party and the [result] RESULTS as
shown on the tabulated [result] RESULTS tape and then shall announce the
[aggregate] number of write-in votes recorded for each office. The
[chair] INSPECTORS shall also in the same manner POST OR announce the
[vote on] RESULTS FOR each ballot proposal.
(B) The results on the tabulated [result] RESULTS tape shall be
entered on or the tabulated [result] RESULTS tape (REPRESENTING THE
AGGREGATE RESULTS OF VOTES CAST ON THE BALLOT SCANNER OR THE RESULTS BY
ELECTION DISTRICT AS APPLICABLE) shall be affixed to the return of
canvass for that ballot scanner or election district pursuant to section
9-120 of this title by an inspector[,] under the scrutiny of an inspec-
tor of a different political party, in the space indicated[; provided,
however, if]. IF any election day paper ballots were hand counted pursu-
ant to THIS SECTION AND subdivision two of section 9-110 of this title,
[the results] AN INSPECTOR SHALL, UNDER THE SCRUTINY OF AN INSPECTOR OF
A DIFFERENT POLITICAL PARTY, EITHER POST OR READ AND ANNOUNCE THE
RESULTS OF SUCH HAND COUNT. THE TALLY SHEET of ANY such hand counting
shall be SIGNED BY THE INSPECTORS CONDUCTING SAME, AFFIXED TO OR
recorded on the return of canvass and THE AGGREGATE NUMBERS FROM SUCH
HAND COUNTING SHALL be added to the AGGREGATE numbers reported from the
tabulated results tape IN THE SPACE PROVIDED ON THE RETURN OF CANVASS to
produce a single AGGREGATE total result for each candidate and ballot
proposal. The return of canvass[, which shall show the aggregate number
of votes cast for each office, the number of votes cast for each candi-
date appearing on the ballot for each office and the aggregate number of
write-in votes for each office, shall then be filled out. Such return]
S. 7709 3
and tabulated [result] RESULTS tape shall be signed by TWO INSPECTORS OF
each [inspector] MAJOR POLITICAL PARTY.
[(b)] (C) The [printed or photographic record produced by such
machine] RESULTS TAPE shall include a certificate which the inspectors
shall sign, stating the number of voters as shown on the public counter
and the number on the protective counter.
[(c)] (D) If the machine is provided with a removable electronic or
computerized device which records the total of the votes cast on such
machine (SUCH DEVICE, FOR PURPOSES OF THIS SECTION A "PORTABLE MEMORY
DEVICE"), such device shall be removed from the machine after copies of
the [printed record] RESULTS TAPE, sufficient to meet the requirements
of this chapter and the regulations of the board of elections, have been
produced. After the PORTABLE MEMORY device is removed from the machine,
the inspectors shall place such device in the secure envelope or other
secure container provided for its return to the board of elections. Such
secure container shall be signed by the inspectors upon the securing of
the device therein.
3. (a) During the canvass time any candidate or duly accredited watch-
er who may desire to be present shall be admitted to the polling place.
During the proclamation of the result, ample opportunity shall be given
to any person lawfully present to compare the results so announced with
the sum of the votes appearing on the tabulated [result] RESULTS tape
and any hand counted election day ballots, if any, and any necessary
corrections shall then and there be made on the return of canvass by the
inspectors. Thereafter, the voting machine shall be closed and locked.
The first copy of the [printed record] RESULTS TAPE for each voting
machine should be posted on the wall of the polling place forthwith;
provided, however, that if only one copy of such [printed record]
RESULTS TAPE can be printed by any such machine at any election, such
copy shall be used in preparation of the [statement of] returns OF
CANVASS required by this title.
(b) Election day paper ballots that have not been scanned shall be
canvassed and tallied pursuant to THIS SECTION AND sections 9-108 and
9-110 of this title.
(c) At a primary election, the ballots of the parties represented on
the board of inspectors shall be canvassed before the ballots of other
parties are canvassed.
4. All types of ballots, enclosed in properly sealed envelopes respec-
tively, and properly endorsed shall be filed with the original return of
canvass, AS PROVIDED FOR IN SECTION 9-106 OF THIS TITLE.
5. The inspector OR OTHER COURIER ASSIGNED BY THE BOARD filing the
returns shall deliver to the board or officer from whom received, the
keys of the voting machine, enclosed in a sealed envelope having
indorsed thereon a certificate of the inspectors stating the number of
the machine, the election [district, ward or assembly district]
DISTRICT(S), WARD(S) OR ASSEMBLY DISTRICT(S) where it has been used, the
number on the seal and the number on the protective counter. IN THE
CITY OF NEW YORK, POLICE OFFICERS OR PEACE OFFICERS DESIGNATED BY THE
POLICE COMMISSIONER OF SUCH CITY MAY ALSO PROVIDE SUCH DELIVERY OF THE
DEVICES.
6. The room in which such canvass is made shall be clearly lighted,
ingress and egress through the main entrance thereto shall be freely
permitted, and such canvass shall be made in plain view of those enti-
tled to be present. The ballots shall at all times be kept on top of the
table and in plain view of all persons entitled to examine them, until
they have been [tied into bundles] RE-PACKAGED AND SEALED FOR RETURN TO
S. 7709 4
THE BOARD OF ELECTIONS as elsewhere provided. If requested by any person
entitled to be present the inspectors shall, during the canvass of any
ballots, exhibit to him OR HER the ballot then being canvassed, fully
opened and in such a condition that he OR SHE may fully and carefully
read and examine it, but no inspector shall allow any ballot to be taken
from his OR HER hand or to be touched by any person but an inspector.
S 4. Section 9-106 of the election law, as amended by chapter 163 of
the laws of 2010, is amended to read as follows:
S 9-106. Official ballots; accounting for number used. [At the close
of] AFTER the polls OF THE ELECTION ARE CLOSED and before any boxes or
[envelope] ENVELOPES containing voted ballots are opened, the clerks, or
if there be no clerks, two inspectors representing different parties
designated by the chair, shall account for all of the paper ballots
furnished to the election district OR POLL SITE. On a reconciliation
form supplied by the board of elections, they shall count, verify and
record on such form the number of unused ballots, the number of ballots
[cancelled] SPOILED before delivery to voters in the poll site, the
number of ballots spoiled and returned by voters and the number of affi-
davit ballots cast. These numbers shall be added to the number of
ballots cast as recorded by the public counter number appearing on the
ballot scanner [screen] SCREEN(S) OR RESULTS TAPE(S). The sum shall be
recorded on the ballot reconciliation form. This resulting number shall
be deducted from the number of ballots originally delivered to the
ELECTION DISTRICT OR poll site, and the remainder number shall be deter-
mined to be the number of ballots secured in the emergency ballot [box]
BOX(ES) or other secure storage [container] CONTAINER(S) provided by the
board of elections. This remainder number shall be recorded on the
ballot reconciliation form[.
Such]. IF SUCH REMAINDER NUMBER IS ZERO AND THERE ARE NO BALLOTS IN
THE EMERGENCY BALLOT BOX(ES) OR OTHER SUCH SECURE CONTAINER(S), INSPEC-
TORS SHALL INITIATE THE BALLOT SCANNERS' CLOSE THE POLLS MECHANISM AND
PRODUCE RESULTS TAPES, UNLESS IN THE CITY OF NEW YORK SUCH SCANNERS'
CLOSE THE POLLS MECHANISM HAS ALREADY BEEN INITIATED AND THE RESULTS
TAPES ALREADY PRODUCED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE-A OF
SECTION 9-102 OF THIS TITLE. THE clerks or inspectors shall then sepa-
rate, label and place each type of ballot in the box or container
provided by the board of elections, and securely lock or seal each such
box or container. They shall then sign such reconciliation form. IF
SUCH REMAINDER NUMBER IS NOT ZERO OR THERE ARE UNSCANNED VOTED ELECTION
DAY BALLOTS IN THE EMERGENCY BALLOT BOX(ES) OR OTHER SUCH SECURE
CONTAINER(S), THE INSPECTORS OR CLERKS SHALL PROCEED WITH THE PROCESS
PROVIDED FOR IN SECTION 9-108 AND 9-110 OF THIS TITLE. UPON COMPLETION
OF SUCH PROCESS, THE CLERKS OR INSPECTORS SHALL THEN SEPARATE, LABEL AND
PLACE EACH TYPE OF BALLOT IN THE BOX(ES) OR CONTAINER(S) PROVIDED BY THE
BOARD OF ELECTIONS, AND SECURELY LOCK OR SEAL EACH SUCH BOX(ES) OR
CONTAINER(S). THEY SHALL THEN SIGN SUCH AMENDED RECONCILIATION FORM.
S 5. Subdivision 2 of section 9-108 of the election law is amended to
read as follows:
2. If the ballots found in any box shall be more than the number of
ballots so shown to have been deposited therein, such ballots shall all
be replaced, without being unfolded, in the box from which they were
taken, and shall be thoroughly mingled therein, and one of the inspec-
tors shall, with his OR HER back to the box, publicly draw out as many
ballots as shall be equal to such excess and, without unfolding them
forthwith shall enclose them in an envelope which he OR SHE shall then
and there seal and endorse "excess ballots [from the box for ballots]
S. 7709 5
for the general election, presidential electors, or party ballots or
otherwise", as the case may be, and shall sign his OR HER name thereto,
and place such envelope in the box for defective or spoiled ballots.
S 6. Section 9-110 of the election law, as amended by chapter 163 of
the laws of 2010, is amended to read as follows:
S 9-110. Canvass; election day paper ballots that have not been
scanned; method of. 1. Election day paper ballots that have not been
scanned because a ballot scanner was not available or because the ballot
has been abandoned by a voter at the ballot scanner shall be canvassed
as follows: a bipartisan team of inspectors shall cast such ballots on a
ballot scanner, if one is available, at the close of the polls before
the tabulated [result] RESULTS tape is printed. If a ballot does not
scan because of an overvote or blank ballot warning on the ballot scan-
ner screen, the inspectors shall cause the ballot scanner to eject such
ballot to be hand counted pursuant to subdivision two of this section.
2. Election day paper ballots that cannot be scanned, as provided in
SUBDIVISION ONE OR ONE-A OF SECTION 9-102 AS APPLICABLE AND subdivision
one of this section shall be canvassed as follows: The inspectors shall
unfold each ballot of the kind then to be canvassed and shall place all
such ballots upon the table in one pile face down. The chair shall take
up each ballot in order, turn it face up and announce loudly and
distinctly the vote registered on each section, in the order of the
sections upon the ballot, or that the ballot is void or the section
blank, as the case may be. If more than one person is to be elected to
the same office or party position the chair, if the ballot is void or
the ballot or section is wholly blank, shall announce as many void or
blank votes as there are persons to be elected to the office or party
position. On a primary ballot a "section," as the term is used above,
shall mean the space occupied by the title of an office or party posi-
tion, names of candidates therefor and the voting squares therewith.
The canvass of each ballot must be completed before the next ballot is
taken up. When the tallies of the votes of all such ballots are proven,
and the results announced, the [inspectors'] INSPECTORS shall AFFIX
TALLY SHEETS TO OR record the results FROM SAME on the return of
canvass.
3. Nothing in this section shall be construed to require or permit
affidavit ballots to be canvassed at the poll site on election day.
S 7. Section 9-112 of the election law, subdivisions 1, 2, 4 and 5 as
amended by chapter 352 of the laws of 1986, subdivision 6 as amended by
chapter 647 of the laws of 1982, is amended to read as follows:
S 9-112. Canvass ballots; validity of ballot. 1. The whole ballot is
void if the voter (a) does any act extrinsic to the ballot such as
enclosing any paper or other article in the folded ballot or (b) defaces
or tears the ballot except that a ballot card which is in perforated
sections shall not be void because it has been separated into sections
or (c) makes any erasure thereon or (d) makes any mark thereon other
than a cross X mark or a check V mark in a voting square, or filling in
the voting square, or [punching a hole in the voting square of a ballot
intended to be counted by machine or] (e) writes, other than in the
space provided, a name for the purpose of voting; except that an erasure
or a mark other than a valid mark made in a voting square shall not make
the ballot void, but shall render it blank as to the office, party posi-
tion or ballot proposal in connection with which it is made. No ballot
shall be declared void or partially blank because a mark thereon is
irregular in form. The term "voting square" shall include the voting
S. 7709 6
space provided for a voter to mark his OR HER vote for a candidate or
ballot proposal.
2. A cross X mark or a check V mark, made by the voter, in a voting
square [at the left of] CORRESPONDING TO a candidate's name, or the
voter's filling in such voting square, [or punching a hole in the voting
square of a ballot intended to be counted by machine,] shall be counted
as a vote for such candidate.
3. A vote shall be counted for a person whose name is written in under
the title of an office or party position only if such name is written by
the voter upon the ballot in the proper space provided therefor and only
if such name is not printed under the title of such office or position.
A voting mark before or after such written in name shall not invalidate
the vote.
4. If, in the case of a candidate whose name appears on the ballot
more than once for the same office, the voter shall make a cross X mark
or a check V mark in each of two or more voting squares before the
candidate's name, or fill in TWO OR MORE such voting squares [or punch
out the hole in two or more voting squares of a ballot intended to be
counted by machine,] only the first vote shall be counted for such
candidate. If such vote was cast for the office of governor, such vote
shall not be recorded in the tally sheet or returns in a separate place
on the tally sheet as a vote not for any particular party or independent
body.
5. If a voter makes a cross X mark or a check V mark in a voting
square following the word "Yes" or the word "No", before a ballot
proposal, or fills in such square, [or punches out the hole in a voting
square of a ballot intended to be counted by machine,] such mark shall
be counted in the affirmative or negative, as so indicated.
6. If the voter marks more names than there are persons to be elected
or nominated for an office, or elected to a party position, or makes a
mark in a place or manner not herein provided for, or if for any reason
it is impossible to determine the voter's choice of a candidate or
candidates for an office or party position or his OR HER vote upon a
ballot proposal, his OR HER vote shall not be counted for such office or
position or upon the ballot proposal, but shall be returned as a blank
vote thereon.
S 8. Section 9-114 of the election law, subdivision 1 as amended by
chapter 647 of the laws of 1982, is amended to read as follows:
S 9-114. Counting ballots; objections to. 1. If objection be made to
the counting of any ballot or as to any section of any such ballot, the
board of inspectors shall forthwith and [for] BEFORE canvassing any
other ballot or section thereof, rule upon the objection. If the
objection be continued after this ruling, the [chairman] CHAIR OR AN
INSPECTOR UNDER THE SCRUTINY OF AN INSPECTOR OF THE OPPOSITE PARTY shall
write in ink upon the back of the ballot a memorandum of the ruling and
objection. The memorandum of the ruling shall be in the words "Counted
void", or "Counted blank", or "Counted for (naming the candidate or
candidates or the presidential ticket)", or, in the case of a ballot
proposal "Counted for Proposal No.......," or "Counted against Proposal
No........", as the case may be. The memorandum of the objection shall
be in the words "Objected to", followed by a brief statement of the
nature of the objection, the name and address of the challenger and the
signature of the [chairman] CHAIR OR INSPECTOR.
2. Any ballot to which objection is not taken but which is wholly
blank or is void shall be indorsed in ink by the [chairman] CHAIR of the
board of inspectors OR AN INSPECTOR UNDER THE SCRUTINY OF AN INSPECTOR
S. 7709 7
OF THE OPPOSITE PARTY with the words "Wholly blank" or "Void", as the
case may be, and signed by the [chairman] CHAIR OR INSPECTOR.
3. When all the ballots of any one kind shall have been canvassed, the
inspectors shall ascertain the total number of [wholly blank and void]
ALL SUCH ballots and the number of ballots [as] to which any objection
was taken and shall enter such numbers in the place provided therefor in
the inspectors' returns of such canvass.
S 9. Subdivision 1 of section 9-116 of the election law, as amended by
chapter 13 of the laws of 1988, is amended to read as follows:
1. As each vote for any office or position, or upon any ballot
proposal, is announced, a clerk, or, if there be no clerks, an inspec-
tor, under the scrutiny of a clerk or inspector of opposite political
[faith] PARTY immediately shall tally it in [black] ink, with a downward
stroke from right to left upon the official tally sheet. Each such clerk
or inspector, as he OR SHE tallies a vote, shall announce clearly the
name of the person for whom he OR SHE tallies it, or that he OR SHE
tallies the vote blank or void as the case may be, or, in the case of a
ballot proposal, that he OR SHE tallies the vote "yes" or "no". When the
name of a person voted for is not printed on the tally sheet, such
clerks or inspectors shall write it in full thereon in ink in the place
provided therefor.
S 10. Section 9-120 of the election law, subdivision 1 as amended by
chapter 262 of the laws of 1986, is amended to read as follows:
S 9-120. Returns of canvass; generally. 1. Upon completing the
canvass, the inspectors shall prepare their returns of the canvass[.
They shall use therefor the] ON A printed form supplied to them [and, at
an election which was not conducted on a voting machine which produces a
printed or photographic record, they shall carefully insert thereon, in
ink, the appropriate names, words and figures according to the
directions printed in the form provided by this chapter] BY THE BOARD OF
ELECTIONS. The [printed or photographic record produced by the voting
machine] RESULTS TAPE(S) and the tally [sheets] SHEET(S) for any office,
party position or ballot proposal, if separate from [the statement of
return] SUCH FORM, shall be securely attached by the [chairman] CHAIR to
such [statement of] FORM returns AND IT SHALL NOT BE NECESSARY TO TRAN-
SCRIBE INFORMATION PROVIDED BY SUCH RESULTS TAPES ONTO SUCH FORM. [A
printed or photographic record] RESULTS TAPE(S) or a tally [sheet]
SHEET(S), when so annexed, or forming part of the same paper as the
return, shall be treated as part of the return. The inspectors, and
clerks, if any, shall subscribe in ink the certificate at the end of the
set of returns. Each set of returns shall be securely sealed in an
envelope properly endorsed on the outside by the inspectors. At an
election at which voting machines are not used, the ballot boxes, if
any, supplied by the board of elections, may when securely locked be
used instead of sealed envelopes.
2. The form for the return or returns of the canvass shall be printed
in a [form] FORMAT approved by the state board of elections. THE FORM
OF SUCH RETURN OF CANVASS SHALL PROVIDE FOR THE TOTAL NUMBER OF VOTES
FOR EACH CANDIDATE IN EACH CONTEST, OR UPON EACH BALLOT PROPOSAL,
INCLUDING THE TOTAL NUMBER OF UNSCANNED VOTED BALLOTS CANVASSED IN
ACCORDANCE WITH SECTION 9-110 OF THIS TITLE.
3. IN THE EVENT THAT THERE IS MORE THAN ONE ELECTION DISTRICT AT A
POLLING PLACE, THE BOARD OF ELECTIONS MAY AUTHORIZE THE USE OF ONE OR
MORE RETURNS OF CANVASS THAT CONSOLIDATE THE REPORT OF THE NUMBER OF
VOTES FOR EACH CANDIDATE, OR UPON EACH BALLOT PROPOSAL, FOR MORE THAN
ONE ELECTION DISTRICT OR MORE THAN ONE BALLOT SCANNER, PROVIDED THAT
S. 7709 8
SUCH CONSOLIDATED RETURNS OF CANVASS HAVE ATTACHED TO THEM THE RESULTS
TAPE(S) PRODUCED BY THE BALLOT SCANNER(S) THAT IDENTIFY THE NUMBER OF
VOTES FOR EACH CANDIDATE, OR UPON EACH BALLOT PROPOSAL, WITHIN EACH SUCH
ELECTION DISTRICT AND EACH SUCH BALLOT SCANNER.
S 11. Section 9-122 of the election law, as amended by chapter 647 of
the laws of 1982, is amended to read as follows:
S 9-122. Proclamation of result. Upon the completion of the canvass
and of the returns of the canvass, the [chairman] CHAIR of the board of
inspectors OR AN INSPECTOR UNDER THE SCRUTINY OF AN INSPECTOR OF THE
OPPOSITE PARTY shall make public oral proclamation of the [whole] TOTAL
number of votes cast at the election at the polling place for all candi-
dates for each office, or, if it be a primary election, the [whole]
TOTAL number of party votes of each party so cast for all candidates for
each office or party position; upon each ballot proposal, if any[; the
whole number of votes given for each person, with the title of the
office or party position for which he was named on the ballot; and the
whole number of votes given, respectively, for and against each such
ballot proposal, if any] AND THE TOTAL NUMBER OF WRITE-IN VOTES RECORDED
FOR EACH OFFICE.
S 12. Section 9-124 of the election law, as amended by chapter 9 of
the laws of 1978, subdivision 1 as amended by chapter 659 of the laws of
1994, subdivision 2 as amended by chapter 413 of the laws of 1991, and
subdivision 3 as amended by chapter 91 of the laws of 1992, is amended
to read as follows:
S 9-124. Returns of canvass, procedure after. 1. After the returns of
the canvass are made out and signed, the inspectors shall enclose the
protested[,] AND void [and wholly blank] ballots and the ballots cast in
affidavit envelopes in a separate sealed envelope or envelopes and
endorse thereon a certificate signed by each of them stating the number
of the district and the number of ballots contained in such envelope or
envelopes. THE INSPECTORS SHALL ENCLOSE THE UNSCANNED VOTED BALLOTS
CANVASSED IN ACCORDANCE WITH SECTION 9-110 OF THIS TITLE IN A SEPARATE
SEALED ENVELOPE AND ENDORSE THEREON A CERTIFICATE SIGNED BY EACH OF THEM
STATING THE NUMBER OF THE DISTRICT AND THE NUMBER OF BALLOTS CONTAINED
IN SUCH ENVELOPE. The inspectors shall then [tie up] PACKAGE and seal
the other voted ballots and [return] PLACE them [to the ballot box which
contained them] IN ONE OR MORE BOXES OR CONTAINERS, AND INCLUDE WITHIN
SUCH BOXES OR CONTAINERS ONE PORTABLE MEMORY DEVICE FROM EACH BALLOT
SCANNER PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 9-102 OF
THIS TITLE, AND ANY ABSENTEE, MILITARY, SPECIAL FEDERAL, OR SPECIAL
PRESIDENTIAL BALLOTS WHICH MAY HAVE BEEN DELIVERED TO THE POLL SITE
DURING ELECTION DAY, and securely lock and seal [the box, except that at
elections in which voting machines are used, absentee and military,
special federal, special presidential and emergency ballots and stubs,
if any, shall be sealed in the envelope or envelopes provided therefor]
SUCH BOXES OR CONTAINERS. NOTWITHSTANDING THE PRECEDING SENTENCE, SUCH
PORTABLE MEMORY DEVICE FROM EACH BALLOT SCANNER WITH THE CORRESPONDING
RESULTS TAPE MAY BE ENCLOSED IN A SEALED CONTAINER AND TRANSPORTED PRIOR
TO AND SEPARATELY FROM OTHER MATERIALS REFERENCED IN THIS SECTION FOR
THE PURPOSE OF USING SUCH DEVICE TO PROVIDE AN UNOFFICIAL TALLY OF
RESULTS AS REQUIRED BY SECTION 9-126 OF THIS TITLE.
2. Each box [or], envelope, OR CONTAINER containing the ballots and
stubs, if any, AND ALL ITEMS DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION shall be deposited by an inspector designated for that purpose
with the officer or board from whom or which the board of inspectors
received it[, together with the separate sealed package of unused
S. 7709 9
ballots]. In the city of New York, every SUCH box [or], envelope
[containing any ballots or stubs and the package of unused ballots], OR
CONTAINER shall be delivered at the polling place[, at the conclusion of
the canvass,] to [the] police or peace [officer] OFFICERS DESIGNATED BY
THE POLICE COMMISSIONER OF SUCH CITY, who shall deposit them with the
board of elections.
3. [The books, returns and other papers enumerated below shall be
disposed of as follows, except as otherwise provided:
(a) In a city or town, except the city of New York and in a village in
which elections are conducted by the board of elections, the] (A) EXCEPT
IN THE CITY OF NEW YORK, THE registration poll records or computer
generated registration lists, the returns OF CANVASS with RESULTS TAPES
AND tally sheets, IF ANY, annexed, the [absentee and military, special
federal, special presidential and emergency] VOTED ballots, stubs,
OPENED PACKAGES OF UNUSED BALLOTS and ballot envelopes, ANY ABSENTEE,
MILITARY, SPECIAL FEDERAL, OR SPECIAL PRESIDENTIAL BALLOTS WHICH MAY
HAVE BEEN DELIVERED TO THE POLL SITE DURING ELECTION DAY, the challenge
records and the package of protested[,] AND void [and wholly blank]
ballots shall be filed with the board of elections[, and the flag shall
be returned to it] IMMEDIATELY UPON THE CLOSE OF THE POLLS AND THE
COMPLETION OF ALL RELATED TASKS IN COMPLIANCE WITH THIS TITLE.
(b) [Records and supplies to be filed with a city, town or village
clerk shall be so filed or delivered immediately after the completion of
the returns of the canvass, by an inspector designated by the board of
inspectors. Returns, papers and registration poll records or computer
generated registration lists to be filed with the board of elections
shall be so filed by the chairman of the board of inspectors within
twenty-four hours after the completion of such returns. The person
receiving such returns in the board of elections shall give to the
person delivering the returns a receipt stating therein the date and
hour of delivery, the name of the person making the delivery, and to
whom said returns were delivered and shall keep a duplicate of said
receipt on file in the office of the board of elections.
(c) The county legislative body of any county in the state except the
counties comprising the city of New York may, by a resolution, ordinance
or act as required, provide that all returns, papers, registration poll
records or computer generated registration lists, books, records, docu-
ments, and other election supplies and materials shall be filed by the
chairman of the board of inspectors of elections in a city or town and
in a village in which elections are conducted by the board of elections,
with the city, town or village clerk of such city, town or village in
the county within eighteen hours after the closing of the polls at any
primary, general, special or village election and the city, town or
village clerk upon receiving such returns, papers, registers or lists,
books, records, documents, and other election supplies and materials
shall give to the person making the delivery, a receipt stating therein
the date and hour of the delivery and the name of such person. Within
twenty-four hours after the closing of the polls at any primary, gener-
al, special or village election, the city, town or village clerk shall
file all returns, papers, registration poll records or computer gener-
ated registration lists, books, records, documents and other election
supplies and materials filed with him by the inspectors of the election
districts of the city, town or village, with the board of elections of
the county and the board of elections shall give to the city, town or
village clerk a receipt therefor stating therein the date and hour of
the delivery and the name of the person making the delivery and to whom
S. 7709 10
it was made, and shall keep a duplicate of said receipt on file in the
office of the board of elections.
(d)] In the city of New York, the board of inspectors[,] shall deliver
to [the] police or peace [officer] OFFICERS DESIGNATED BY THE POLICE
COMMISSIONER OF SUCH CITY, at the polling place the registration poll
records or computer generated registration lists, challenge report,
records, keys, the flag, other election supplies, INCLUDING the returns
of the canvass and [the] ANY absentee [and], military, special federal,
OR special presidential [and emergency ballots,] BALLOTS WHICH MAY HAVE
BEEN DELIVERED TO THE POLL SITE DURING ELECTION DAY, VOTED BALLOTS,
stubs, OPEN PACKAGES OF UNUSED BALLOTS and ballot envelopes. [The] SUCH
police or peace [officer] OFFICERS shall file the returns, the package
of void[,] AND protested [and wholly blank] ballots, if any, and the
absentee [and], military, special federal, special presidential, and
emergency ballots, stubs and ballot envelopes, if any, within twenty-
four hours after the close of the polls, in the office of the board of
elections or its branch office within the borough, as the case may be.
(C) THE PERSON RECEIVING SUCH RETURNS IN THE BOARD OF ELECTIONS SHALL
GIVE TO THE PERSON DELIVERING THE RETURNS A RECEIPT STATING THEREIN THE
DATE AND HOUR OF DELIVERY, THE NAME OF THE PERSON MAKING THE DELIVERY,
AND TO WHOM SAID RETURNS WERE DELIVERED AND SHALL KEEP A DUPLICATE OF
SUCH RECEIPT ON FILE IN THE OFFICE OF THE BOARD OF ELECTIONS.
S 13. Section 9-126 of the election law, the section heading as
amended by chapter 9 of the laws of 1978, subdivision 1 and paragraph
(a) of subdivision 2 as amended by chapter 647 of the laws of 1982,
subdivision 3 as added by chapter 262 of the laws of 1986, and paragraph
(b) of subdivision 3 as amended by chapter 356 of the laws of 1986, is
amended to read as follows:
S 9-126. [Return of canvass; delivery of results to police and unoffi-
cial] UNOFFICIAL tally of election results. 1. In an election district
[of a city and] of the county of Nassau, the [chairman] CHAIR of the
board of inspectors, upon the completion of the return of canvass, and
the announcement thereof in a primary or general election, shall deliver
to the police officer on duty at the polling place a statement signed by
the board of inspectors stating the number of votes received by each
person voted for and the number of votes cast for and the number of
votes cast against each ballot proposal. Such officer forthwith shall
convey the statement to the stationhouse of the police precinct in which
such place of canvass is located, and shall deliver it inviolate to the
officer in command thereof, who shall immediately transmit by telegraph,
telephone or messenger, the contents of such statement to the officer
commanding the police department of such [city or] county who shall
immediately make the contents of such statement available for the press.
[In the city of New York and the county of Nassau the chairman] THE
CHAIR of the board of inspectors in each election district OF SUCH COUN-
TY shall make two copies of the statement hereinbefore provided for,
which shall be taken to the police station, whence one such copy shall
be transmitted without delay to police headquarters, or such other
location as may be designated by the officer commanding the police
department, where it shall be made immediately available to the press
for purposes of tabulation. The other copy shall be transmitted within
twenty-four hours to the board of elections. All statements made pursu-
ant to this section shall be preserved for six months by the police and
shall be presumptive evidence of the result of such canvass.
2. (a) [In an election district outside of a city, except] EXCEPT in
the county of Nassau, the [chairman] CHAIR of the board of inspectors,
S. 7709 11
upon completion of the return of canvass and the announcement thereof,
in a general or primary election, shall immediately communicate such
results by telephone, or delivery, to the [county] board of elections.
Such results shall include the number of votes received by each person
voted for and the number of votes cast for and against each ballot
proposal.
(b) The [county] board of elections shall remain open after the close
of the polls and shall receive and tabulate the voting results [from
throughout the county] as they are received. The board OF ELECTIONS
shall MAKE SUCH UNOFFICIAL RESULTS AVAILABLE TO THE MEDIA AND THE STATE
BOARD OF ELECTIONS, AND SHALL post running totals in a public place AND
ON THE INTERNET as the results become known to it.
[(c)] 3. The results made public pursuant to this section [are to]
SHALL be released as the unofficial tally and shall not be admissible in
evidence in any action or proceeding contesting the result of any
election.
[(d) Any police department of a city outside the city of New York and
the county of Nassau receiving statements as provided in subdivision one
of this section shall immediately communicate the contents thereof to
the county board of elections at a location designated by it. In lieu of
requiring the delivery of statements to the police in cities outside of
the city of New York and the county of Nassau as provided in subdivision
one of this section, a]
4. A county board of elections may require the [chairman] CHAIR of the
board of inspectors in each election district [within such a city to
make a return of the vote pursuant to the provisions of this subdivi-
sion] TO REPORT UNOFFICIAL ELECTION NIGHT RESULTS BY TELEPHONE, FAX OR
OTHER MEANS. SUCH RESULTS SHALL INCLUDE THE TOTAL AGGREGATE NUMBER OF
VOTES RECEIVED BY EACH PERSON VOTED FOR, THE TOTAL AGGREGATE NUMBER OF
WRITE-INS AND THE NUMBER OF VOTES CAST FOR AND AGAINST EACH BALLOT
PROPOSAL.
[3.] 5. (a) The board of elections of counties in which voting
machines which have [removable electronic or computerized] PORTABLE
MEMORY devices [which record the total of the votes cast on such
machines] are used, may establish WRITTEN procedures CONSISTENT WITH THE
PROVISIONS OF THIS SECTION AND FILED WITH THE STATE BOARD OF ELECTIONS
by which such devices may be used [after the close of the polls] to
provide the unofficial tally of results required by this section.
(b) Such procedures may include: the installation, at the board of
elections or at town or city halls, police stations, sheriff's offices
or other public buildings, of machines which record and transmit the
totals recorded in such devices to the board of elections or directly to
a representative of the press; the delivery of the devices from the
polling places to such locations and the removal of such devices, by at
least two clerks or other agents of such board of elections of opposite
political parties, from the containers or envelopes in which they were
sealed at the polling places and the insertion of such devices into such
machines.
(c) IN THE CITY OF NEW YORK, UNLESS THE BOARD OF ELECTIONS OF SUCH
CITY DESIGNATES TWO CLERKS OR OTHER AGENTS OF OPPOSITE POLITICAL PARTIES
FOR DELIVERY OF THE DEVICES FROM THE POLLING PLACES TO SUCH LOCATIONS,
POLICE OFFICERS OR PEACE OFFICERS DESIGNATED BY THE POLICE COMMISSIONER
OF SUCH CITY SHALL PROVIDE SUCH DELIVERY.
(D) The board of elections shall provide containers, at all such
locations other than the offices of such board, into which all such
devices shall be placed by the clerks or other agents of such board of
S. 7709 12
elections after they are removed from such machines. Such containers
shall be sealed by such clerks or agents who shall also enter on a
certificate which shall be printed on each such container, the total
number of such devices placed in such container and the election
districts from which such devices came. Such clerks shall also sign such
certificate in the places provided.
[(d)] (E) Such containers shall be delivered to the board of elections
by the public officials in whose offices such machines were installed
within twenty-four hours after the closing of the polls [and the]. IN
THE CITY OF NEW YORK, POLICE OFFICERS OR PEACE OFFICERS DESIGNATED BY
THE POLICE COMMISSIONER OF SUCH CITY OR TWO CLERKS OR AGENTS DESIGNATED
BY THE BOARD OF ELECTIONS OF SUCH CITY MAY ALSO DELIVER SUCH CONTAINERS.
THE board of elections shall give such officials, POLICE OFFICERS, OR
PEACE OFFICERS a receipt therefor which states therein the date and hour
of delivery, the name of the person making the delivery and the name of
the person to whom such delivery was made. The board of elections shall
keep a duplicate of such receipt on file at the office of such board.
[(e)] (F) The cost of installing such machines at locations other than
the board of elections and the cost of transmitting the results from
such machines may be paid by the board of elections or by a represen-
tative of the press. If such results are transmitted from a location
other than the board of elections directly to a representative of the
press, such cost shall be paid by such representative of the press.
S 14. Section 9-128 of the election law is REPEALED.
S 15. This act shall take effect immediately and shall apply to any
election held on or after the seventy-fifth day after it shall have
become a law.

S7709A (ACTIVE) - Summary

S7709A (ACTIVE) - Sponsor Memo

BILL NUMBER:S7709A
TITLE OF BILL:
An act
to amend the election law, in relation to canvass procedures; and to
repeal section 9-128 of the election law relating thereto
PURPOSE:
This bill modernizes and streamlines the procedures for the
election night canvass procedure and associated close of poll tasks.
SUMMARY OF PROVISIONS:
A new subsection is added to section 9-102 to modernize the canvass
procedures for the City of New York allowing a portable memory device
to be used for unofficial tally.
Section 9-106 is amended to allow the ballot scanner's close the polls
mechanism to be initiated and results tape printed if the ballot
reconciliation process is finalized and there are no ballots in the
emergency ballot boxes.
Section 9-120 is rewritten to allow for results tapes from each ballot
scanner to be attached the return of canvass form without the numbers
from each results tape to be transcribed onto such form.
Section 9-120(3) allows boards of elections to authorize consolidated

returns of canvass in poll sites with more than one election district.
Section 9-124 provides that the portable memory device with
corresponding results tape may be transported separately from other
materials to be used to produce an unofficial tally.
A new subsection three is added to section 9-124 to mandate that the
person receiving the return of canvass in the board of elections
shall provide the name of the person accepting the delivery, the time
of delivery and the name of person making the delivery to be filed in
the office of the board of elections.
Section 9-126(2)(b) mandates that the board of elections make the
unofficial tally available to the media in a public place or on the
Internet as the results become known to it.
Section 9-126 is also amended to allow, but not require, the police in
New York City to transport the election materials to the boards of
elections.
JUSTIFICATION:
Local boards of elections are required to carry out numerous tasks
after the close of the polls to ensure the integrity of the vote and
produce an unofficial tally of the results. Under current law,
election workers administering the polls on election night often have
substantial difficulty completing these tasks in the manner that has
been deemed to be necessary in some jurisdictions. This has been a
particular problem in some poll sites in New York City where numerous
ballot scanners may be used to read ballots of voters from multiple
election districts during the course of the day.
This bill is intended to clarify the nature of the tasks and alter the
order they need to be undertaken in order to streamline and
rationalize the procedures, while maintaining absolute integrity in
the process and the official outcome of our elections.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPACT ON THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect
immediately and shall apply
to any election held on or after the seventy-fifth day after it shall
have become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
7709--A
I N S E N A T E
June 14, 2012
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the election law, in relation to canvass procedures; and
to repeal section 9-128 of the election law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "election
night poll site procedures act of 2012".
S 2. Section 9-100 of the election law, as amended by chapter 234 of
the laws of 1976, is amended to read as follows:
S 9-100. Canvass; required. At the close of the polls the inspectors
of election shall, in the order set forth herein, [lock the machine
against voting] CLOSE POLLS, account for the paper ballots, canvass the
machine, cast and canvass all the ballots, canvass and ascertain the
total vote and they shall not adjourn until the canvass be fully
completed.
S 3. Section 9-102 of the election law, subdivisions 1, 2, and 3 as
amended by section 3 and paragraph (a) of subdivision 2 as amended by
section 4 of chapter 163 of the laws of 2010, subdivisions 4 and 6 as
amended by chapter 9 of the laws of 1978, is amended to read as follows:
S 9-102. Canvass; general provisions for. 1. [As] EXCEPT IN THE CITY
OF NEW YORK, AS soon as the polls of the election are closed, the
inspectors of election thereat shall, in the order set forth herein;
[a.)] (A) place an inspector at the ballot scanner to prevent further
voting; [b.)] (B) reconcile the paper ballots pursuant to section 9-106
of this title; [c.)] (C) remove surplus ballots, if any, pursuant to
section 9-108 of this title; [d.)] (D) scan the ballots contained in the
emergency box or other secure storage container pursuant to section
9-110 of this title; [e.)] (E) hand count and secure ballots that cannot
be scanned pursuant to section 9-110 of this title; [f.)] (F) close the
poll, print the tabulated [result] RESULTS tape, announce the result and
sign the return of canvass pursuant to subdivisions 2 and 3 of this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD15772-07-2
S. 7709--A 2
section; [g.)] (G) close, lock and seal the machine; and [h.)] (H) sign
the close of poll certificate, as provided by the board of elections.
1-A. IN THE CITY OF NEW YORK, AS SOON AS THE POLLS OF THE ELECTION ARE
CLOSED, THE INSPECTORS OF ELECTION THEREAT SHALL, IN THE ORDER SET FORTH
HEREIN: (A) PLACE AN INSPECTOR AT THE BALLOT SCANNER TO PREVENT FURTHER
VOTING; (B) SCAN THE BALLOTS CONTAINED IN THE EMERGENCY BOX OR OTHER
SECURE STORAGE CONTAINER PURSUANT TO SECTION 9-110 OF THIS TITLE, UNLESS
IT IS NOT POSSIBLE TO DETERMINE WHICH SUCH BALLOTS SHOULD BE SO SCANNED
BECAUSE THE ACCOUNTING AND RECONCILIATION REQUIRED BY SECTION 9-106 OF
THIS TITLE CANNOT BE COMPLETED WITHOUT FIRST PRINTING THE RESULTS TAPE;
(C) INITIATE THE BALLOT SCANNER'S CLOSE THE POLL MECHANISM, PRINT THE
TABULATED RESULTS TAPE, AND POST THE RESULTS TAPE OR ANNOUNCE ITS
CONTENTS OR BOTH; (D) REMOVE ONE OF THE PORTABLE MEMORY DEVICES FROM THE
BALLOT SCANNER FOR THE PURPOSE OF REPORTING THE UNOFFICIAL TALLY OF
ELECTION RESULTS PURSUANT TO SECTION 9-126 OF THIS TITLE; (E) RECONCILE
THE PAPER BALLOTS PURSUANT TO SECTION 9-106 OF THIS TITLE; (F) REMOVE
SURPLUS BALLOTS, IF ANY, PURSUANT TO THIS SECTION AND SECTION 9-108 OF
THIS TITLE; (G) HAND COUNT AND SECURE BALLOTS THAT CANNOT BE SCANNED
PURSUANT TO THIS SECTION AND SECTION 9-110 OF THIS TITLE; (H) POST OR
ANNOUNCE THE RESULTS OF ANY HAND COUNTS AND SIGN THE RETURN OF CANVASS
PURSUANT TO SUBDIVISIONS TWO AND THREE OF THIS SECTION; (I) CLOSE, LOCK
AND SEAL THE MACHINE; AND (J) SIGN THE CLOSE OF POLL CERTIFICATE, AS
PROVIDED BY THE BOARD OF ELECTIONS.
2. (a) The inspectors shall canvass the [machine vote by printing the]
ballot scanner tabulated RESULTS BY PRINTING THE results tape in the
presence of the watchers and all other persons who may be lawfully with-
in the polling place, giving full view of the tabulated [result] RESULTS
tape numbers. [The chair of the board of inspectors] AN INSPECTOR shall,
under the scrutiny of an inspector of a different political party,
EITHER POST THE RESULTS TAPE OR READ AND ANNOUNCE in the order of the
offices as their titles are arranged on the tabulated [result] RESULTS
tape, [read and announce] in distinct tones the public office or party
position, candidate name, political party and the [result] RESULTS as
shown on the tabulated [result] RESULTS tape and then shall announce the
[aggregate] number of write-in votes recorded for each office. The
[chair] INSPECTORS shall also in the same manner POST OR announce the
[vote on] RESULTS FOR each ballot proposal.
(B) The results on the tabulated [result] RESULTS tape shall be
entered on or the tabulated [result] RESULTS tape (REPRESENTING THE
AGGREGATE RESULTS OF VOTES CAST ON THE BALLOT SCANNER OR THE RESULTS BY
ELECTION DISTRICT AS APPLICABLE) shall be affixed to the return of
canvass for that ballot scanner or election district pursuant to section
9-120 of this title by an inspector[,] under the scrutiny of an inspec-
tor of a different political party, in the space indicated[; provided,
however, if]. IF any election day paper ballots were hand counted pursu-
ant to THIS SECTION AND subdivision two of section 9-110 of this title,
[the results] AN INSPECTOR SHALL, UNDER THE SCRUTINY OF AN INSPECTOR OF
A DIFFERENT POLITICAL PARTY, EITHER POST OR READ AND ANNOUNCE THE
RESULTS OF SUCH HAND COUNT. THE TALLY SHEET of ANY such hand counting
shall be SIGNED BY THE INSPECTORS CONDUCTING SAME AND AFFIXED TO OR
recorded on the return of canvass [and be added to the numbers reported
from the tabulated results tape to produce a single total result for
each candidate and ballot proposal]. The return of canvass[, which shall
show the aggregate number of votes cast for each office, the number of
votes cast for each candidate appearing on the ballot for each office
and the aggregate number of write-in votes for each office, shall then
S. 7709--A 3
be filled out. Such return] and tabulated [result] RESULTS tape shall be
signed by TWO INSPECTORS OF each [inspector] MAJOR POLITICAL PARTY.
[(b)] (C) The [printed or photographic record produced by such
machine] RESULTS TAPE shall include a certificate which the inspectors
shall sign, stating the number of voters as shown on the public counter
and the number on the protective counter.
[(c)] (D) If the machine is provided with a removable electronic or
computerized device which records the total of the votes cast on such
machine (SUCH DEVICE, FOR PURPOSES OF THIS SECTION A "PORTABLE MEMORY
DEVICE"), such device shall be removed from the machine after copies of
the [printed record] RESULTS TAPE, sufficient to meet the requirements
of this chapter and the regulations of the board of elections, have been
produced. After the PORTABLE MEMORY device is removed from the machine,
the inspectors shall place such device in the secure envelope or other
secure container provided for its return to the board of elections. Such
secure container shall be signed by the inspectors upon the securing of
the device therein.
3. (a) During the canvass time any candidate or duly accredited watch-
er who may desire to be present shall be admitted to the polling place.
During the proclamation of the result, ample opportunity shall be given
to any person lawfully present to compare the results so announced with
the sum of the votes appearing on the tabulated [result] RESULTS tape
and any hand counted election day ballots, if any, and any necessary
corrections shall then and there be made on the return of canvass by the
inspectors. Thereafter, the voting machine shall be closed and locked.
The first copy of the [printed record] RESULTS TAPE for each voting
machine should be posted on the wall of the polling place forthwith;
provided, however, that if only one copy of such [printed record]
RESULTS TAPE can be printed by any such machine at any election, such
copy shall be used in preparation of the [statement of] returns OF
CANVASS required by this title.
(b) Election day paper ballots that have not been scanned shall be
canvassed and tallied pursuant to THIS SECTION AND sections 9-108 and
9-110 of this title.
(c) At a primary election, the ballots of the parties represented on
the board of inspectors shall be canvassed before the ballots of other
parties are canvassed.
4. All types of ballots, enclosed in properly sealed envelopes respec-
tively, and properly endorsed shall be filed with the original return of
canvass, AS PROVIDED FOR IN SECTION 9-106 OF THIS TITLE.
5. The inspector OR OTHER COURIER ASSIGNED BY THE BOARD filing the
returns shall deliver to the board or officer from whom received, the
keys of the voting machine, enclosed in a sealed envelope having
indorsed thereon a certificate of the inspectors stating the number of
the machine, the election [district, ward or assembly district]
DISTRICT(S), WARD(S) OR ASSEMBLY DISTRICT(S) where it has been used, the
number on the seal and the number on the protective counter. IN THE
CITY OF NEW YORK, POLICE OFFICERS OR PEACE OFFICERS DESIGNATED BY THE
POLICE COMMISSIONER OF SUCH CITY SHALL PROVIDE SUCH DELIVERY OF THE
DEVICES.
6. The room in which such canvass is made shall be clearly lighted,
ingress and egress through the main entrance thereto shall be freely
permitted, and such canvass shall be made in plain view of those enti-
tled to be present. The ballots shall at all times be kept on top of the
table and in plain view of all persons entitled to examine them, until
they have been [tied into bundles] RE-PACKAGED AND SEALED FOR RETURN TO
S. 7709--A 4
THE BOARD OF ELECTIONS as elsewhere provided. If requested by any person
entitled to be present the inspectors shall, during the canvass of any
ballots, exhibit to him OR HER the ballot then being canvassed, fully
opened and in such a condition that he OR SHE may fully and carefully
read and examine it, but no inspector shall allow any ballot to be taken
from his OR HER hand or to be touched by any person but an inspector.
S 4. Section 9-106 of the election law, as amended by chapter 163 of
the laws of 2010, is amended to read as follows:
S 9-106. Official ballots; accounting for number used. [At the close
of] AFTER the polls OF THE ELECTION ARE CLOSED and before any boxes or
[envelope] ENVELOPES containing voted ballots are opened, the clerks, or
if there be no clerks, two inspectors representing different parties
designated by the chair, shall account for all of the paper ballots
furnished to the election district OR POLL SITE. On a reconciliation
form supplied by the board of elections, they shall count, verify and
record on such form the number of unused ballots, the number of ballots
[cancelled] SPOILED before delivery to voters in the poll site, the
number of ballots spoiled and returned by voters and the number of affi-
davit ballots cast. These numbers shall be added to the number of
ballots cast as recorded by the public counter number appearing on the
ballot scanner [screen] SCREEN(S) OR RESULTS TAPE(S). The sum shall be
recorded on the ballot reconciliation form. This resulting number shall
be deducted from the number of ballots originally delivered to the
ELECTION DISTRICT OR poll site, and the remainder number shall be deter-
mined to be the number of ballots secured in the emergency ballot [box]
BOX(ES) or other secure storage [container] CONTAINER(S) provided by the
board of elections. This remainder number shall be recorded on the
ballot reconciliation form[.
Such]. IF SUCH REMAINDER NUMBER IS ZERO AND THERE ARE NO BALLOTS IN
THE EMERGENCY BALLOT BOX(ES) OR OTHER SUCH SECURE CONTAINER(S), INSPEC-
TORS SHALL INITIATE THE BALLOT SCANNERS' CLOSE THE POLLS MECHANISM AND
PRODUCE RESULTS TAPES, UNLESS IN THE CITY OF NEW YORK SUCH SCANNERS'
CLOSE THE POLLS MECHANISM HAS ALREADY BEEN INITIATED AND THE RESULTS
TAPES ALREADY PRODUCED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE-A OF
SECTION 9-102 OF THIS TITLE. THE clerks or inspectors shall then sepa-
rate, label and place each type of ballot in the box or container
provided by the board of elections, and securely lock or seal each such
box or container. They shall then sign such reconciliation form. IF
SUCH REMAINDER NUMBER IS NOT ZERO OR THERE ARE UNSCANNED VOTED ELECTION
DAY BALLOTS IN THE EMERGENCY BALLOT BOX(ES) OR OTHER SUCH SECURE
CONTAINER(S), THE INSPECTORS OR CLERKS SHALL PROCEED WITH THE PROCESS
PROVIDED FOR IN SECTION 9-108 AND 9-110 OF THIS TITLE. UPON COMPLETION
OF SUCH PROCESS, THE CLERKS OR INSPECTORS SHALL THEN SEPARATE, LABEL AND
PLACE EACH TYPE OF BALLOT IN THE BOX(ES) OR CONTAINER(S) PROVIDED BY THE
BOARD OF ELECTIONS, AND SECURELY LOCK OR SEAL EACH SUCH BOX(ES) OR
CONTAINER(S). THEY SHALL THEN SIGN SUCH AMENDED RECONCILIATION FORM.
S 5. Subdivision 2 of section 9-108 of the election law is amended to
read as follows:
2. If the ballots found in any box shall be more than the number of
ballots so shown to have been deposited therein, such ballots shall all
be replaced, without being unfolded, in the box from which they were
taken, and shall be thoroughly mingled therein, and one of the inspec-
tors shall, with his OR HER back to the box, publicly draw out as many
ballots as shall be equal to such excess and, without unfolding them
forthwith shall enclose them in an envelope which he OR SHE shall then
and there seal and endorse "excess ballots [from the box for ballots]
S. 7709--A 5
for the general election, presidential electors, or party ballots or
otherwise", as the case may be, and shall sign his OR HER name thereto,
and place such envelope in the box for defective or spoiled ballots.
S 6. Section 9-110 of the election law, as amended by chapter 163 of
the laws of 2010, is amended to read as follows:
S 9-110. Canvass; election day paper ballots that have not been
scanned; method of. 1. Election day paper ballots that have not been
scanned because a ballot scanner was not available or because the ballot
has been abandoned by a voter at the ballot scanner shall be canvassed
as follows: a bipartisan team of inspectors shall cast such ballots on a
ballot scanner, if one is available, at the close of the polls before
the tabulated [result] RESULTS tape is printed. If a ballot does not
scan because of an overvote or blank ballot warning on the ballot scan-
ner screen, the inspectors shall cause the ballot scanner to eject such
ballot to be hand counted pursuant to subdivision two of this section.
2. Election day paper ballots that cannot be scanned, as provided in
SUBDIVISION ONE OR ONE-A OF SECTION 9-102 AS APPLICABLE AND subdivision
one of this section shall be canvassed as follows: The inspectors shall
unfold each ballot of the kind then to be canvassed and shall place all
such ballots upon the table in one pile face down. The chair shall take
up each ballot in order, turn it face up and announce loudly and
distinctly the vote registered on each section, in the order of the
sections upon the ballot, or that the ballot is void or the section
blank, as the case may be. If more than one person is to be elected to
the same office or party position the chair, if the ballot is void or
the ballot or section is wholly blank, shall announce as many void or
blank votes as there are persons to be elected to the office or party
position. On a primary ballot a "section," as the term is used above,
shall mean the space occupied by the title of an office or party posi-
tion, names of candidates therefor and the voting squares therewith.
The canvass of each ballot must be completed before the next ballot is
taken up. When the tallies of the votes of all such ballots are proven,
and the results announced, the [inspectors'] INSPECTORS shall AFFIX
TALLY SHEETS TO OR record the results FROM SAME on the return of
canvass.
3. Nothing in this section shall be construed to require or permit
affidavit ballots to be canvassed at the poll site on election day.
S 7. Section 9-112 of the election law, subdivisions 1, 2, 4 and 5 as
amended by chapter 352 of the laws of 1986, subdivision 6 as amended by
chapter 647 of the laws of 1982, is amended to read as follows:
S 9-112. Canvass ballots; validity of ballot. 1. The whole ballot is
void if the voter (a) does any act extrinsic to the ballot such as
enclosing any paper or other article in the folded ballot or (b) defaces
or tears the ballot except that a ballot card which is in perforated
sections shall not be void because it has been separated into sections
or (c) makes any erasure thereon or (d) makes any mark thereon other
than a cross X mark or a check V mark in a voting square, or filling in
the voting square, or [punching a hole in the voting square of a ballot
intended to be counted by machine or] (e) writes, other than in the
space provided, a name for the purpose of voting; except that an erasure
or a mark other than a valid mark made in a voting square shall not make
the ballot void, but shall render it blank as to the office, party posi-
tion or ballot proposal in connection with which it is made. No ballot
shall be declared void or partially blank because a mark thereon is
irregular in form. The term "voting square" shall include the voting
S. 7709--A 6
space provided for a voter to mark his OR HER vote for a candidate or
ballot proposal.
2. A cross X mark or a check V mark, made by the voter, in a voting
square [at the left of] CORRESPONDING TO a candidate's name, or the
voter's filling in such voting square, [or punching a hole in the voting
square of a ballot intended to be counted by machine,] shall be counted
as a vote for such candidate.
3. A vote shall be counted for a person whose name is written in under
the title of an office or party position only if such name is written by
the voter upon the ballot in the proper space provided therefor and only
if such name is not printed under the title of such office or position.
A voting mark before or after such written in name shall not invalidate
the vote.
4. If, in the case of a candidate whose name appears on the ballot
more than once for the same office, the voter shall make a cross X mark
or a check V mark in each of two or more voting squares before the
candidate's name, or fill in TWO OR MORE such voting squares [or punch
out the hole in two or more voting squares of a ballot intended to be
counted by machine,] only the first vote shall be counted for such
candidate. If such vote was cast for the office of governor, such vote
shall not be recorded in the tally sheet or returns in a separate place
on the tally sheet as a vote not for any particular party or independent
body.
5. If a voter makes a cross X mark or a check V mark in a voting
square following the word "Yes" or the word "No", before a ballot
proposal, or fills in such square, [or punches out the hole in a voting
square of a ballot intended to be counted by machine,] such mark shall
be counted in the affirmative or negative, as so indicated.
6. If the voter marks more names than there are persons to be elected
or nominated for an office, or elected to a party position, or makes a
mark in a place or manner not herein provided for, or if for any reason
it is impossible to determine the voter's choice of a candidate or
candidates for an office or party position or his OR HER vote upon a
ballot proposal, his OR HER vote shall not be counted for such office or
position or upon the ballot proposal, but shall be returned as a blank
vote thereon.
S 8. Section 9-114 of the election law, subdivision 1 as amended by
chapter 647 of the laws of 1982, is amended to read as follows:
S 9-114. Counting ballots; objections to. 1. If objection be made to
the counting of any ballot or as to any section of any such ballot, the
board of inspectors shall forthwith and [for] BEFORE canvassing any
other ballot or section thereof, rule upon the objection. If the
objection be continued after this ruling, the [chairman] CHAIR OR AN
INSPECTOR UNDER THE SCRUTINY OF AN INSPECTOR OF THE OPPOSITE PARTY shall
write in ink upon the back of the ballot a memorandum of the ruling and
objection. The memorandum of the ruling shall be in the words "Counted
void", or "Counted blank", or "Counted for (naming the candidate or
candidates or the presidential ticket)", or, in the case of a ballot
proposal "Counted for Proposal No.......," or "Counted against Proposal
No........", as the case may be. The memorandum of the objection shall
be in the words "Objected to", followed by a brief statement of the
nature of the objection, the name and address of the challenger and the
signature of the [chairman] CHAIR OR INSPECTOR.
2. Any ballot to which objection is not taken but which is wholly
blank or is void shall be indorsed in ink by the [chairman] CHAIR of the
board of inspectors OR AN INSPECTOR UNDER THE SCRUTINY OF AN INSPECTOR
S. 7709--A 7
OF THE OPPOSITE PARTY with the words "Wholly blank" or "Void", as the
case may be, and signed by the [chairman] CHAIR OR INSPECTOR.
3. When all the ballots of any one kind shall have been canvassed, the
inspectors shall ascertain the total number of [wholly blank and void]
ALL SUCH ballots and the number of ballots [as] to which any objection
was taken and shall enter such numbers in the place provided therefor in
the inspectors' returns of such canvass.
S 9. Subdivision 1 of section 9-116 of the election law, as amended by
chapter 13 of the laws of 1988, is amended to read as follows:
1. As each vote for any office or position, or upon any ballot
proposal, is announced, a clerk, or, if there be no clerks, an inspec-
tor, under the scrutiny of a clerk or inspector of opposite political
[faith] PARTY immediately shall tally it in [black] ink, with a downward
stroke from right to left upon the official tally sheet. Each such clerk
or inspector, as he OR SHE tallies a vote, shall announce clearly the
name of the person for whom he OR SHE tallies it, or that he OR SHE
tallies the vote blank or void as the case may be, or, in the case of a
ballot proposal, that he OR SHE tallies the vote "yes" or "no". When the
name of a person voted for is not printed on the tally sheet, such
clerks or inspectors shall write it in full thereon in ink in the place
provided therefor.
S 10. Section 9-120 of the election law, subdivision 1 as amended by
chapter 262 of the laws of 1986, is amended to read as follows:
S 9-120. Returns of canvass; generally. 1. Upon completing the
canvass, the inspectors shall prepare their returns of the canvass[.
They shall use therefor the] ON A printed form supplied to them [and, at
an election which was not conducted on a voting machine which produces a
printed or photographic record, they shall carefully insert thereon, in
ink, the appropriate names, words and figures according to the
directions printed in the form provided by this chapter] BY THE BOARD OF
ELECTIONS. The [printed or photographic record produced by the voting
machine] RESULTS TAPE(S) and the tally [sheets] SHEET(S) for any office,
party position or ballot proposal, if separate from [the statement of
return] SUCH FORM, shall be securely attached by the [chairman] CHAIR OR
AN INSPECTOR UNDER THE SCRUTINY OF AN INSPECTOR OF THE OPPOSITE PARTY to
such [statement of] FORM returns AND IT SHALL NOT BE NECESSARY TO TRAN-
SCRIBE INFORMATION PROVIDED BY SUCH RESULTS TAPES ONTO SUCH FORM. [A
printed or photographic record] RESULTS TAPE(S) or a tally [sheet]
SHEET(S), when so annexed, or forming part of the same paper as the
return, shall be treated as part of the return. The inspectors, and
clerks, if any, shall subscribe in ink the certificate at the end of the
set of returns. Each set of returns shall be securely sealed in an
envelope properly endorsed on the outside by the inspectors. At an
election at which voting machines are not used, the ballot boxes, if
any, supplied by the board of elections, may when securely locked be
used instead of sealed envelopes.
2. The form for the return or returns of the canvass shall be printed
in a [form] FORMAT approved by the state board of elections. THE FORM
OF SUCH RETURN OF CANVASS SHALL PROVIDE FOR THE TOTAL NUMBER OF VOTES
FOR EACH CANDIDATE IN EACH CONTEST, OR UPON EACH BALLOT PROPOSAL,
INCLUDING THE TOTAL NUMBER OF UNSCANNED VOTED BALLOTS CANVASSED IN
ACCORDANCE WITH SECTION 9-110 OF THIS TITLE.
3. IN THE EVENT THAT THERE IS MORE THAN ONE ELECTION DISTRICT AT A
POLLING PLACE, THE BOARD OF ELECTIONS MAY AUTHORIZE THE USE OF ONE OR
MORE RETURNS OF CANVASS THAT CONSOLIDATE THE REPORT OF THE NUMBER OF
VOTES FOR EACH CANDIDATE, OR UPON EACH BALLOT PROPOSAL, FOR MORE THAN
S. 7709--A 8
ONE ELECTION DISTRICT OR MORE THAN ONE BALLOT SCANNER, PROVIDED THAT
SUCH CONSOLIDATED RETURNS OF CANVASS HAVE ATTACHED TO THEM THE RESULTS
TAPE(S) PRODUCED BY THE BALLOT SCANNER(S) THAT IDENTIFY THE NUMBER OF
VOTES FOR EACH CANDIDATE, OR UPON EACH BALLOT PROPOSAL, WITHIN EACH SUCH
ELECTION DISTRICT AND EACH SUCH BALLOT SCANNER.
S 11. Section 9-122 of the election law, as amended by chapter 647 of
the laws of 1982, is amended to read as follows:
S 9-122. Proclamation of result. Upon the completion of the canvass
and of the returns of the canvass, the [chairman] CHAIR of the board of
inspectors OR AN INSPECTOR UNDER THE SCRUTINY OF AN INSPECTOR OF THE
OPPOSITE PARTY shall make public oral proclamation of the [whole] TOTAL
number of votes cast at the election at the polling place for all candi-
dates for each office, or, if it be a primary election, the [whole]
TOTAL number of party votes of each party so cast for all candidates for
each office or party position; upon each ballot proposal, if any[; the
whole number of votes given for each person, with the title of the
office or party position for which he was named on the ballot; and the
whole number of votes given, respectively, for and against each such
ballot proposal, if any] AND THE TOTAL NUMBER OF WRITE-IN VOTES RECORDED
FOR EACH OFFICE. AS AN ALTERNATIVE TO SUCH ORAL PROCLAMATION, SUCH
CHAIR OR INSPECTOR MAY CAUSE TO BE POSTED THE RESULTS TAPE(S), TALLY
SHEET(S), AND ANY OTHER MATERIALS NECESSARY TO ASCERTAIN SUCH TOTAL
NUMBERS OF VOTES CAST.
S 12. Section 9-124 of the election law, as amended by chapter 9 of
the laws of 1978, subdivision 1 as amended by chapter 659 of the laws of
1994, subdivision 2 as amended by chapter 413 of the laws of 1991, and
subdivision 3 as amended by chapter 91 of the laws of 1992, is amended
to read as follows:
S 9-124. Returns of canvass, procedure after. 1. After the returns of
the canvass are made out and signed, the inspectors shall enclose the
protested[,] AND void [and wholly blank] ballots and the ballots cast in
affidavit envelopes in a separate sealed envelope or envelopes and
endorse thereon a certificate signed by each of them stating the number
of the district and the number of ballots contained in such envelope or
envelopes. THE INSPECTORS SHALL ENCLOSE THE UNSCANNED VOTED BALLOTS
CANVASSED IN ACCORDANCE WITH SECTION 9-110 OF THIS TITLE IN A SEPARATE
SEALED ENVELOPE AND ENDORSE THEREON A CERTIFICATE SIGNED BY EACH OF THEM
STATING THE NUMBER OF THE DISTRICT AND THE NUMBER OF BALLOTS CONTAINED
IN SUCH ENVELOPE. The inspectors shall then [tie up] PACKAGE and seal
the other voted ballots and [return] PLACE them [to the ballot box which
contained them] IN ONE OR MORE BOXES OR CONTAINERS, AND INCLUDE WITHIN
SUCH BOXES OR CONTAINERS ONE PORTABLE MEMORY DEVICE FROM EACH BALLOT
SCANNER PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 9-102 OF
THIS TITLE, AND ANY ABSENTEE, MILITARY, SPECIAL FEDERAL, OR SPECIAL
PRESIDENTIAL BALLOTS WHICH MAY HAVE BEEN DELIVERED TO THE POLL SITE
DURING ELECTION DAY, and securely lock and seal [the box, except that at
elections in which voting machines are used, absentee and military,
special federal, special presidential and emergency ballots and stubs,
if any, shall be sealed in the envelope or envelopes provided therefor]
SUCH BOXES OR CONTAINERS. NOTWITHSTANDING THE PRECEDING SENTENCE, SUCH
PORTABLE MEMORY DEVICE FROM EACH BALLOT SCANNER WITH THE CORRESPONDING
RESULTS TAPE MAY BE ENCLOSED IN A SEALED CONTAINER AND TRANSPORTED PRIOR
TO AND SEPARATELY FROM OTHER MATERIALS REFERENCED IN THIS SECTION FOR
THE PURPOSE OF USING SUCH DEVICE TO PROVIDE AN UNOFFICIAL TALLY OF
RESULTS AS REQUIRED BY SECTION 9-126 OF THIS TITLE.
S. 7709--A 9
2. Each box [or], envelope, OR CONTAINER containing the ballots and
stubs, if any, AND ALL ITEMS DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION shall be deposited by an inspector designated for that purpose
with the officer or board from whom or which the board of inspectors
received it[, together with the separate sealed package of unused
ballots]. In the city of New York, every SUCH box [or], envelope
[containing any ballots or stubs and the package of unused ballots], OR
CONTAINER shall be delivered at the polling place[, at the conclusion of
the canvass,] to [the] police or peace [officer] OFFICERS DESIGNATED BY
THE POLICE COMMISSIONER OF SUCH CITY, who shall deposit them with the
board of elections.
3. [The books, returns and other papers enumerated below shall be
disposed of as follows, except as otherwise provided:
(a) In a city or town, except the city of New York and in a village in
which elections are conducted by the board of elections, the] (A) EXCEPT
IN THE CITY OF NEW YORK, THE registration poll records or computer
generated registration lists, the returns OF CANVASS with RESULTS TAPES
AND tally sheets, IF ANY, annexed, the [absentee and military, special
federal, special presidential and emergency] VOTED ballots, stubs,
OPENED PACKAGES OF UNUSED BALLOTS and ballot envelopes, ANY ABSENTEE,
MILITARY, SPECIAL FEDERAL, OR SPECIAL PRESIDENTIAL BALLOTS WHICH MAY
HAVE BEEN DELIVERED TO THE POLL SITE DURING ELECTION DAY, the challenge
records and the package of protested[,] AND void [and wholly blank]
ballots shall be filed with the board of elections[, and the flag shall
be returned to it] IMMEDIATELY UPON THE CLOSE OF THE POLLS AND THE
COMPLETION OF ALL RELATED TASKS IN COMPLIANCE WITH THIS TITLE.
(b) [Records and supplies to be filed with a city, town or village
clerk shall be so filed or delivered immediately after the completion of
the returns of the canvass, by an inspector designated by the board of
inspectors. Returns, papers and registration poll records or computer
generated registration lists to be filed with the board of elections
shall be so filed by the chairman of the board of inspectors within
twenty-four hours after the completion of such returns. The person
receiving such returns in the board of elections shall give to the
person delivering the returns a receipt stating therein the date and
hour of delivery, the name of the person making the delivery, and to
whom said returns were delivered and shall keep a duplicate of said
receipt on file in the office of the board of elections.
(c) The county legislative body of any county in the state except the
counties comprising the city of New York may, by a resolution, ordinance
or act as required, provide that all returns, papers, registration poll
records or computer generated registration lists, books, records, docu-
ments, and other election supplies and materials shall be filed by the
chairman of the board of inspectors of elections in a city or town and
in a village in which elections are conducted by the board of elections,
with the city, town or village clerk of such city, town or village in
the county within eighteen hours after the closing of the polls at any
primary, general, special or village election and the city, town or
village clerk upon receiving such returns, papers, registers or lists,
books, records, documents, and other election supplies and materials
shall give to the person making the delivery, a receipt stating therein
the date and hour of the delivery and the name of such person. Within
twenty-four hours after the closing of the polls at any primary, gener-
al, special or village election, the city, town or village clerk shall
file all returns, papers, registration poll records or computer gener-
ated registration lists, books, records, documents and other election
S. 7709--A 10
supplies and materials filed with him by the inspectors of the election
districts of the city, town or village, with the board of elections of
the county and the board of elections shall give to the city, town or
village clerk a receipt therefor stating therein the date and hour of
the delivery and the name of the person making the delivery and to whom
it was made, and shall keep a duplicate of said receipt on file in the
office of the board of elections.
(d)] In the city of New York, the board of inspectors[,] shall deliver
to [the] police or peace [officer] OFFICERS DESIGNATED BY THE POLICE
COMMISSIONER OF SUCH CITY, at the polling place the registration poll
records or computer generated registration lists, challenge report,
records, keys, [the flag,] other election supplies, INCLUDING TWO COPIES
OF the returns of the canvass and [the] ANY absentee [and], military,
special federal, OR special presidential [and emergency ballots,]
BALLOTS WHICH MAY HAVE BEEN DELIVERED TO THE POLL SITE DURING ELECTION
DAY, VOTED BALLOTS, stubs, OPEN PACKAGES OF UNUSED BALLOTS and ballot
envelopes. [The] SUCH police or peace [officer] OFFICERS shall file the
returns, the package of void[,] AND protested [and wholly blank]
ballots, if any, and the absentee [and], military, special federal,
special presidential, and emergency ballots, stubs and ballot envelopes,
if any, within twenty-four hours after the close of the polls, in the
office of the board of elections or its branch office within the
borough, as the case may be.
(C) THE PERSON RECEIVING SUCH RETURNS IN THE BOARD OF ELECTIONS SHALL
GIVE TO THE PERSON DELIVERING THE RETURNS A RECEIPT STATING THEREIN THE
DATE AND HOUR OF DELIVERY, THE NAME OF THE PERSON MAKING THE DELIVERY,
AND TO WHOM SAID RETURNS WERE DELIVERED AND SHALL KEEP A DUPLICATE OF
SUCH RECEIPT ON FILE IN THE OFFICE OF THE BOARD OF ELECTIONS.
S 13. Section 9-126 of the election law, the section heading as
amended by chapter 9 of the laws of 1978, subdivision 1 and paragraph
(a) of subdivision 2 as amended by chapter 647 of the laws of 1982,
subdivision 3 as added by chapter 262 of the laws of 1986, and paragraph
(b) of subdivision 3 as amended by chapter 356 of the laws of 1986, is
amended to read as follows:
S 9-126. [Return of canvass; delivery of results to police and unoffi-
cial] UNOFFICIAL tally of election results. 1. In an election district
[of a city and] of the county of Nassau, the [chairman] CHAIR of the
board of inspectors, upon the completion of the return of canvass, and
the announcement thereof in a primary or general election, shall deliver
to the police officer on duty at the polling place a statement signed by
the board of inspectors stating the number of votes received by each
person voted for and the number of votes cast for and the number of
votes cast against each ballot proposal. Such officer forthwith shall
convey the statement to the stationhouse of the police precinct in which
such place of canvass is located, and shall deliver it inviolate to the
officer in command thereof, who shall immediately transmit by telegraph,
telephone or messenger, the contents of such statement to the officer
commanding the police department of such [city or] county who shall
immediately make the contents of such statement available for the press.
[In the city of New York and the county of Nassau the chairman] THE
CHAIR of the board of inspectors in each election district OF SUCH COUN-
TY shall make two copies of the statement hereinbefore provided for,
which shall be taken to the police station, whence one such copy shall
be transmitted without delay to police headquarters, or such other
location as may be designated by the officer commanding the police
department, where it shall be made immediately available to the press
S. 7709--A 11
for purposes of tabulation. The other copy shall be transmitted within
twenty-four hours to the board of elections. All statements made pursu-
ant to this section shall be preserved for six months by the police and
shall be presumptive evidence of the result of such canvass.
2. (a) [In an election district outside of a city, except] EXCEPT in
the county of Nassau, the [chairman] CHAIR of the board of inspectors,
upon completion of the return of canvass and the announcement thereof,
in a general or primary election, shall immediately communicate such
results by telephone, or delivery, to the [county] board of elections.
Such results shall include the number of votes received by each person
voted for and the number of votes cast for and against each ballot
proposal.
(b) The [county] board of elections shall remain open after the close
of the polls and shall receive and tabulate the voting results [from
throughout the county] as they are received. The board OF ELECTIONS
shall MAKE SUCH UNOFFICIAL RESULTS AVAILABLE TO THE MEDIA AND THE STATE
BOARD OF ELECTIONS, AND SHALL post running totals in a public place AND
ON THE INTERNET as the results become known to it.
[(c)] 3. The results made public pursuant to this section [are to]
SHALL be released as the unofficial tally and shall not be admissible in
evidence in any action or proceeding contesting the result of any
election.
[(d) Any police department of a city outside the city of New York and
the county of Nassau receiving statements as provided in subdivision one
of this section shall immediately communicate the contents thereof to
the county board of elections at a location designated by it. In lieu of
requiring the delivery of statements to the police in cities outside of
the city of New York and the county of Nassau as provided in subdivision
one of this section, a]
4. A county board of elections may require the [chairman] CHAIR of the
board of inspectors in each election district [within such a city to
make a return of the vote pursuant to the provisions of this subdivi-
sion] TO REPORT UNOFFICIAL ELECTION NIGHT RESULTS BY TELEPHONE, FAX OR
OTHER MEANS. SUCH RESULTS SHALL INCLUDE THE TOTAL AGGREGATE NUMBER OF
VOTES RECEIVED BY EACH PERSON VOTED FOR, THE TOTAL AGGREGATE NUMBER OF
WRITE-INS AND THE NUMBER OF VOTES CAST FOR AND AGAINST EACH BALLOT
PROPOSAL.
[3.] 5. (a) The board of elections of counties in which voting
machines which have [removable electronic or computerized] PORTABLE
MEMORY devices [which record the total of the votes cast on such
machines] are used, may establish WRITTEN procedures CONSISTENT WITH THE
PROVISIONS OF THIS SECTION AND FILED WITH THE STATE BOARD OF ELECTIONS
by which such devices may be used [after the close of the polls] to
provide the unofficial tally of results required by this section.
(b) Such procedures may include: the installation, at the board of
elections or at town or city halls, police stations, sheriff's offices
or other public buildings, of machines which record and transmit the
totals recorded in such devices to the board of elections or directly to
a representative of the press; the delivery of the devices from the
polling places to such locations and the removal of such devices, by at
least two clerks or other agents of such board of elections of opposite
political parties, from the containers or envelopes in which they were
sealed at the polling places and the insertion of such devices into such
machines.
(c) IN THE CITY OF NEW YORK, UNLESS THE BOARD OF ELECTIONS OF SUCH
CITY DESIGNATES TWO CLERKS OR OTHER AGENTS OF OPPOSITE POLITICAL PARTIES
S. 7709--A 12
FOR DELIVERY OF THE DEVICES FROM THE POLLING PLACES TO SUCH LOCATIONS,
POLICE OFFICERS OR PEACE OFFICERS DESIGNATED BY THE POLICE COMMISSIONER
OF SUCH CITY SHALL PROVIDE SUCH DELIVERY AS SOON AS PRACTICABLE.
(D) The board of elections shall provide containers, at all such
locations other than the offices of such board, into which all such
devices shall be placed by the clerks or other agents of such board of
elections after they are removed from such machines. Such containers
shall be sealed by such clerks or agents who shall also enter on a
certificate which shall be printed on each such container, the total
number of such devices placed in such container and the election
districts from which such devices came. Such clerks shall also sign such
certificate in the places provided.
[(d)] (E) Such containers shall be delivered to the board of elections
by the public officials in whose offices such machines were installed
within twenty-four hours after the closing of the polls [and the]. IN
THE CITY OF NEW YORK, UNLESS THE BOARD OF ELECTIONS OF SUCH CITY DESIG-
NATES TWO CLERKS OR OTHER AGENTS OF OPPOSITE POLITICAL PARTIES FOR
DELIVERY OF SUCH CONTAINERS TO THE BOARD OF ELECTIONS, POLICE OFFICERS
OR PEACE OFFICERS DESIGNATED BY THE POLICE COMMISSIONER OF SUCH CITY
SHALL DELIVER SUCH CONTAINERS. THE board of elections shall give such
officials, POLICE OFFICERS, OR PEACE OFFICERS a receipt therefor which
states therein the date and hour of delivery, the name of the person
making the delivery and the name of the person to whom such delivery was
made. The board of elections shall keep a duplicate of such receipt on
file at the office of such board.
[(e)] (F) The cost of installing such machines at locations other than
the board of elections and the cost of transmitting the results from
such machines may be paid by the board of elections or by a represen-
tative of the press. If such results are transmitted from a location
other than the board of elections directly to a representative of the
press, such cost shall be paid by such representative of the press.
S 14. Section 9-128 of the election law is REPEALED.
S 15. This act shall take effect immediately and shall apply to any
election held on or after the seventy-fifth day after it shall have
become a law.

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